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parently damaged beyond the recovery of the amount of the statutory penalty. Immediately after the authorized seizure, or prior thereto if circumstances permit, a full report in the case shall be submitted by the immigration officer in charge to the United States Attorney for the district in which the seizure was made, for the possible further action prescribed by the statute. The report shall note the cost incurred in seizing and guarding the aircraft, and an estimate of the further cost likely to be incurred.*

116.61 Designation of airports of entry for aliens. Application for designation of an airport as a port of entry for aliens shall be made to the Attorney General and shall state whether the airport has been approved by the Secretary of Commerce as a properly equipped airport and has been designated by the Secretary of the Treasury as a port of entry for civil aircraft. An airport will not be designated by the Attorney General as an airport of entry for aliens without such prior approval and designation, and unless it appears to the satisfaction of the Attorney General that conditions render such designation necessary or advisable, and unless adequate facilities have been or will be provided thereat, without cost to the Federal Government, for the proper inspection and disposition of aliens, including office space and temporary detention quarters found necessary.*

CROSS REFERENCE: For list of airports of entry for aliens, see 8 CFR 110.3. 116.62 Withdrawal of designation of airport of entry for aliens. The designation of an airport of entry as an airport of entry for aliens may be withdrawn whenever, in the judgment of the Attorney General, there appears just cause for such action.*

*For statutory citation, see note to § 116.51.

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§ 118.1 Definition. Any alien who applies for admission to the United States with the intention of departing therefrom within 60 days, and who is admitted for a period not exceeding 60 days, shall be regarded as an "alien in transit."* (Sec. 3, 43 Stat. 154, 47 Stat. 524; 8 U. S. C. 203, 215)

*88 118.1 to 118.7, inclusive, issued under the authority contained in sec. 23, 89 Stat. 892, sec. 24, 43 Stat. 166; 8 U. S. C. 102, 222. Statutes interpreted or applied and statutes giving special authority are listed in parentheses at the end of specific sections.

118.2 Admissibility of transit aliens; conditions. Any alien arriving at a port of the United States and applying for admission as a transit alien may be temporarily admitted for a reasonable time not exceeding 60 days, for the purpose of such transit when it is satisfactorily established (a) that the alien is not an immigrant within the meaning of section 3 of the Immigration Act of 1924 (43 Stat. 154; 8 U. S. C. 203); (b) that he will depart from the United States within 60 days; (c) that he is not a member of any one of the excluded classes, except excludable aliens whose temporary admission has been authorized in advance by the Attorney General; and (d) that he does not seek such transit privilege for the purpose of evading or violating any of the provisions of the immigration laws.* (47 Stat. 524; 8 U. S. C. 215)

118.3 Transits; notation to be made on passports. Passports presented by aliens who are admitted under section 3 (3) of the Immigration Act of 1924 (43 Stat. 154; 8 U. S. C. 203), shall be rubber-stamped (with stamp furnished by the Central Office) and signed by the admitting officer to indicate the particular status under which admitted and the port and date of admission and the time for which admitted. This entry shall be made by the use of indelible pencil. Where the period for which temporary admission is extended, no notation of the extension need be made on the passport. However, a letter should be directed to the alien informing him of the exact date to which temporary admission was extended and advising him to keep the letter with his passport and to present both to any immigration officer upon request therefor.* 118.4 Admissibility of transits; additional conditions. The Attorney General or the officer in charge may (a) require that the alien shall be accompanied while in transit by a sufficient number of immigration officers and guards or attendants as will insure his

*For statutory citation, see note to § 118.1.

passage through and out of the United States without unnecessary delay, and (b) exact a bond in a sum not less than $500 conditioned that the alien shall by continuous transit pass through and out of the United States within a reasonable time, not exceeding 60 days, thereafter. (47 Stat. 524; 8 U. S. C. 215)

*

118.5 Attendants; designation and expense. The accompanying immigration officials provided for in § 118.4, shall be designated and detailed for such purpose by the officer in charge at the port of arrival, and upon request of such officer in charge the transportation company or companies interested shall at their own expense furnish guards or attendants, in such number as shall be required by such officer, to assist such immigration officials, and such guards or attendants shall be under the immediate control and direction of such accompanying immigration officials during the time such alien is in transit through the United States: Provided, That all necessary expense incurred by such accompanying immigration official or officials and such guards or attendants, including their transportation to and from the place where such alien departs from the United States, shall be paid by such interested transportation company or companies." (47 Stat. 524; 8 U. S. C. 215)

118.6 Exclusion of aliens applying as transits. Any alien arriving at a port of the United States and applying for admission as a transit alien shall, if found to be a member of any one of the excluded classes, be refused permission to enter, in the same manner as an immigrant alien. Cases where refusal of the transit privilege would entail excessive hardship may be reported to the Central Office for a special ruling." (Secs. 16, 17, 39 Stat. 885, 887; 8 U. S. C. 152, 153)

118.7 Deportation of transits. Any alien temporarily admitted to the United States as a transit alien who shall fail or refuse to pass through and out of the United States within the time fixed or allowed, or who shall be found within the United States after the expiration of such time, shall be deemed to be unlawfully within the United States and shall on warrant of the Attorney General be taken into custody and deported as provided in section 14 of the Immigration Act of 1924.* (Sec. 14, 43 Stat. 162; 8 U.S. C. 214)

*For statutory citation, see note to § 118.1.

Sec.

Part 120-ALIEN SEAMEN

120.1 Alien seaman defined. 120.2 Bona fide alien seamen defined.

120.3 Arriving from any foreign port or place defined.

120.4 Foreign defined.
120.5 Arrival in ports defined.
120.6 Reasonable time defined.

120.7 Listing of alien seamen.
120.8 Listing of aliens employed on

vessel; manner of; forms. 120.9 Listing of alien employees; term "first" to be used. 120.10 List of arriving seamen; to whom delivered; changes, how reported.

120.11 Crew list; notation of treatment during voyage.

120.12 Lists of alien employees; when clearance of vessel denied.

120.13 Illegal landing of alien; notice.

120.14 Seaman's identification card; application.

120.15 Seaman's identification card;

qualifications.

120.16 Seaman's identification card; execution of; disposition of duplicate.

120.17 Primary inspection of sea

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the

120.37 Arrest and deportation of seamen; procedure. 120.38 Seamen returned to United States by American consuls. 120.39 Shipwrecked

seamen.

or castaway

120.40 Alien seamen who were members of the crew of an American vessel which has been sold or delivered abroad who are being returned to the United States as passengers or workaways in accordance with the terms of the contract of employment of the outbound voyage or the laws of the United States. 120.42 Disabled seamen; conditions for passing in transit; immigration officials to confer with appropriate officers. 120.43 Afflicted seamen; expense of telegrams concerning.

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